BP BHEAD INT S [atlas:bill]

AN ACT Relating to creating a new division of substance abuse and mental health within the department of social and health services; amending RCW 70.96A.040, 70.96A.043, 70.96A.905, 71.05.020, 71.06.010, 71.09.020, 71.12.455, 71.24.025, 71.34.020, 71.36.010, 70.96A.020, 70.96A.045, 70.96A.050, 70.96A.070, 70.96A.090, 70.96A.100, and 43.20A.060; adding a new section to chapter 41.06 RCW; adding new chapters to Title 71 RCW; creating new sections; recodifying RCW 70.96A.040, 70.96A.043, 70.96A.905, 70.96A.010, 70.96A.011, 70.96A.020, 70.96A.045, 70.96A.050, 70.96A.070, 70.96A.085, 70.96A.087, 70.96A.090, 70.96A.095, 70.96A.097, 70.96A.110, 70.96A.120, 70.96A.140, 70.96A.145, 70.96A.150, 70.96A.160, 70.96A.170, 70.96A.180, 70.96A.190, 70.96A.230, 70.96A.235, 70.96A.240, 70.96A.245, 70.96A.250, 70.96A.255, 70.96A.260, 70.96A.265, 70.96A.300, 70.96A.310, 70.96A.320, 70.96A.330, 70.96A.340, 70.96A.400, 70.96A.410, 70.96A.420, 70.96A.430, 70.96A.500, 70.96A.510, 70.96A.520, 70.96A.910, 70.96A.915, 70.96A.920, and 70.96A.930; and repealing RCW 70.96A.030, 70.96A.060, and 70.96A.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature intends to create a division of substance abuse and mental health within the department of social and health services. By creating this division the legislature intends to consolidate and improve the services delivered to the clients of the existing administratively organized divisions of alcohol and substance abuse and mental health. The legislature intends to reduce costs, improve administrative and programmatic functions and improve training of service providers. The legislature also intends to create a system for providing a unified diagnosis, treatment, prevention, and crisis response system for persons with co-occurring disorders involving substance abuse and mental health. The legislature does not intend this act to be construed to mean that all persons who receive treatment under this act have co-occurring disorders.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:

(a) A mental disorder;

(b) Being gravely disabled as defined in subsection (19)(b) or (c) of this section;

(2) "Alcoholic" means a person who suffers from the disease of alcoholism.

(3) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(4) "Chemical dependency" means: (a) Alcoholism; (b) drug addiction; or (c) dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

(5) "Chemical dependency program" means expenditures and activities of the division designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

(6) "Chemically dependent person" means a person with a chemical dependency.

(7) "Child" or "children" means a person or persons under eighteen years of age, except as expressly provided otherwise in federal law.

(8) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:

(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years;

(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or

(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with P.L. 92‑603, as now or hereafter amended.

(9) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.

(10) "County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this title.

(11) "Custody" means involuntary detention under the provisions of this title or chapter 10.77 RCW, uninterrupted by any period of unconditional release from a facility providing involuntary care and treatment.

(12) "Department" means the department of social and health services.

(13) "Designated chemical dependency specialist" or "specialist" means a person appointed by the county to perform the duties specified in this title.

(14) "Director" means the director of the division of substance abuse and mental health, or his or her designee.

(15) "Division" means the division of substance abuse and mental health.

(16) "Drug addict" means a person who suffers from the disease of drug addiction.

(17) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

(18) "Evaluation and treatment facility" means:

(a) Any public or private facility or unit certified by the department to provide emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient or residential care to persons suffering from a mental disorder, and which is certified as such by the department; or

(b) A physically separate and separately operated portion of a state hospital designated by the department as an evaluation and treatment facility.

(19) "Gravely disabled" means an individual who, as a result of: (a) The use of alcohol or other drugs; (b) a mental disorder; or (c) a combination of (a) and (b) of this subsection:

(i) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

(ii) Manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

(20) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction.

(21) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

(22) "Inpatient treatment" means twenty-four hour per day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility.

(23) "Judicial commitment" or "commitment" means a commitment by a court pursuant to the provisions of this title.

(24) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a person who is not residing in a facility providing inpatient treatment as defined in this chapter.

(25) "Likelihood of serious harm" means:

(a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or

(b) The individual has threatened the physical safety of another and has a history of one or more violent acts.

(26) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a chemical dependency or a mental disorder; or (b) prevent the worsening of chemical dependency or mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity, or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

(27) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions.

(28) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this title.

(29) "Minor" means a person less than eighteen years of age.

(30) "Parent" means:

(a) A biological or adoptive parent or parents who have legal custody of a child, including either parent if custody is shared under a joint custody agreement; or

(b) A person or agency judicially appointed as the legal custodian or guardian of a child.

(31) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (8), (43), and (44) of this section.

(32) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW or identified in chapter 71.‑- RCW (new chapter created in section 29 of this act) and provided by licensed services providers as identified by RCW 71.24.025(2) or by an approved treatment program as identified by RCW 70.96A.020 (as recodified by this act).

(33) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

(34) "Person" means an individual, including a minor.

(35) "Physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

(36) "Private agency" means any person, partnership, corporation, or association not defined as a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted for, or includes a department or ward conducted for the care and treatment of persons who are mentally ill.

(37) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

(38) "Psychiatrist" means a person having a license as a physician in this state, and who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association, and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry.

(39) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.

(40) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments.

(41) "Regional support network" means a county authority or group of county authorities that have entered into contracts with the secretary pursuant to chapter 71.24 RCW.

(42) "Secretary" means the secretary of the department of social and health services, or his or her designee.

(43) "Seriously disturbed person" means a person who:

(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in this section or as a result of a combination of alcohol or drug abuse and a mental disorder;

(b) Has been on conditional release status at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;

(d) Exhibits suicidal preoccupation or attempts; or

(e) Is a child diagnosed by a mental health professional as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.

(44) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:

(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;

(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;

(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child protection, child welfare, special education, or developmental disabilities;

(d) Is at risk of escalating maladjustment due to:

(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;

(ii) Changes in custodial adult;

(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;

(iv) Repeated physical abuse or neglect;

(v) Drug or alcohol abuse; or

(vi) Homelessness.

(45) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.

(46) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

NEW SECTION. Sec. 3. There is created a division of state government to be known as the division of substance abuse and mental health within the department of social and health services. The division is vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law or administratively by the secretary.

NEW SECTION. Sec. 4. The executive head and appointing authority of the division is the director. The director shall be appointed by the secretary. The director shall be paid a salary to be fixed by the secretary.

NEW SECTION. Sec. 5. It is the intent of the legislature wherever possible to place the internal affairs of the division under the control of the director, and oversight of the secretary, in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.

Therefore, whenever the director's authority is not specifically limited by law, the director has complete charge and supervisory powers over the division. The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such assistants and personnel as necessary for the general administration of the division. This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

NEW SECTION. Sec. 6. Except as otherwise specified, or as federal requirements may differently require, the division shall be established and organized in accordance with plans to be prepared by the director and approved by the secretary. In preparing such plans, the director shall promote efficient public management, improve programs and service delivery, and take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

NEW SECTION. Sec. 7. The director shall appoint such assistant directors as may be needed to administer the division and submit their names to the secretary for approval.

NEW SECTION. Sec. 8. Any power or duty vested in or transferred to the director by law, executive order, or by order of the secretary may be delegated by the director to any assistant or subordinate. The director shall be responsible for the official acts of the officers and employees of the division.

NEW SECTION. Sec. 9. The director may appoint such advisory committees or councils as may be required by any state legislation or by any federal legislation as a condition to the receipt of federal funds by the division. The director may also appoint state-wide committees or councils on such subject matters as are or come within the division's responsibilities. The committees or councils shall be constituted as required by law or, in the absence of legislated requirements, as the director may determine.

Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 10. (1) In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the division, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the division that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the division is ruled to be in conflict with federal requirements that are a prescribed condition of the allocation of federal funds to the state, or to any departments, divisions, or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict, unless otherwise determined by the legislature.

(2) Notwithstanding any provision of subsection (1) of this section, where compliance with federal funding provisions will result in expenditures greater than revenues received or placed at risk under the federal provisions, the division shall not comply without legislative authority.

NEW SECTION. Sec. 11. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the division of substance abuse and mental health to the director, the director's personal secretary, assistant directors, and one confidential secretary for each of these officers.

NEW SECTION. Sec. 12. (1) The discrete program of chemical dependency established under RCW 70.96A.030 and the administratively created division of alcohol and substance abuse is hereby abolished and all of its powers, duties, and functions are hereby transferred to the division of substance abuse and mental health. All references to the director or the division of alcohol and substance abuse in the Revised Code of Washington, the Washington Administrative Code, and executive orders issued by any governor prior to the effective date of this section shall be construed to mean the director or the division of substance abuse and mental health.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the division of alcohol and substance abuse shall be delivered to the custody of the division of substance abuse and mental health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property in the possession of the division of alcohol and substance abuse shall be made available to the division of substance abuse and mental health. All funds, credits, or other assets held by the division of alcohol and substance abuse shall be assigned to the division of substance abuse and mental health.

(b) Any appropriations made to the division of alcohol and substance abuse shall, on the effective date of this section, be transferred and credited to the division of substance abuse and mental health.

(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees of the division of alcohol and substance abuse are transferred to the jurisdiction of the division of substance abuse and mental health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the division of substance abuse and mental health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the division of alcohol and substance abuse shall be continued and acted upon by the division of substance abuse and mental health. All existing contracts and obligations shall remain in full force and shall be performed by the division of substance abuse and mental health.

(5) The transfer of the powers, duties, functions, and personnel to the division of alcohol and substance abuse shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 13. (1) The administratively created mental health division is hereby abolished and all of its powers, duties, and functions are hereby transferred to the division of substance abuse and mental health. All references to the director or the mental health division in the Revised Code of Washington, the Washington Administrative Code, and executive orders issued by any governor prior to the effective date of this section shall be construed to mean the director or the division of substance abuse and mental health.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the mental health division shall be delivered to the custody of the division of substance abuse and mental health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property in the possession of the mental health division shall be made available to the division of substance abuse and mental health. All funds, credits, or other assets held by the mental health division shall be assigned to the division of substance abuse and mental health.

(b) Any appropriations made to the mental health division shall, on the effective date of this section, be transferred and credited to the division of substance abuse and mental health.

(3) All employees of the mental health division are transferred to the jurisdiction of the division of substance abuse and mental health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the division of substance abuse and mental health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the mental health division shall be continued and acted upon by the division of substance abuse and mental health. All existing contracts and obligations shall remain in full force and shall be performed by the division of substance abuse and mental health.

(5) The transfer of the powers, duties, functions, and personnel to the division of substance abuse and mental health shall not affect the validity of any act performed before the effective date of this section.

Sec. 14. RCW 70.96A.040 and 1989 c 270 s 5 are each amended to read as follows:

The ((~~department, in the operation of the chemical dependency program may~~)) director shall:

(1) Plan, establish, and maintain prevention and treatment programs ((~~as necessary or desirable~~)) for chemically dependent persons, persons with mental disorders, persons with co-occurring disorders involving substance abuse and mental health, and persons covered under this chapter or RCW 70.96A.050, 70.96A.090, and 70.96A.100 (as recodified by this act);

(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services ((~~rendered or furnished~~)) provided to ((~~alcoholics or other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, or intoxicated persons~~)) persons identified in subsection (1) of this section;

(3) Enter into agreements for monitoring of verification of qualifications of ((~~counselors~~)) persons employed ((~~by approved treatment programs~~)) or under contract to provide services to persons identified in subsection (1) of this section;

(4) Adopt rules under chapter 34.05 RCW to carry out the provisions and purposes of this chapter and contract, cooperate, and coordinate with other public or private agencies or individuals for those purposes;

(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;

(6) Administer or supervise the administration of the provisions relating to ((~~alcoholics, other drug addicts, and intoxicated~~)) persons identified in subsection (1) of this section of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;

(7) Coordinate its activities and cooperate with chemical dependency programs in this and other states, and make ((~~contracts and~~)) other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of ((alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of chemical dependency programs)) persons identified in subsection (1) of this section;

(8) Keep records and engage in research and the gathering of relevant statistics;

(9) ((~~Do other acts and things necessary or convenient to execute the authority expressly granted to it;~~

~~(10)~~)) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.

Sec. 15. RCW 70.96A.043 and 1989 c 270 s 7 are each amended to read as follows:

Pursuant to ((~~the Interlocal Cooperation Act,~~)) chapter 39.34 RCW, the department may enter into agreements to accomplish the purposes of this chapter.

Sec. 16. RCW 70.96A.905 and 1992 c 205 s 306 are each amended to read as follows:

The ((~~department~~)) secretary shall ensure that the provisions of this ((~~chapter~~)) title are applied by the counties in a consistent and uniform manner. ((The department shall also ensure that, to the extent possible within available funds, the county-designated chemical dependency specialists are specifically trained in adolescent chemical dependency issues, the chemical dependency commitment laws, and the criteria for commitment.))

NEW SECTION. Sec. 17. (1) An evaluation and treatment facility which is part of, or operated by, the department or any federal agency shall not require certification.

(2) No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this title.

NEW SECTION. Sec. 18. The director shall establish minimum training and education requirements for chemical dependency and mental health experts employed by, or under contract with, the department. Experts who are required to take the training and education required by the director shall, upon completion of the training, have sufficient capacity to recognize an individual's need for treatment for mental disorders, chemical dependency, or both.

NEW SECTION. Sec. 19. In addition to the provisions of this title relating to the establishment of programs for assessment and treatment of persons with disorders either involving chemical dependency or mental health, the director shall establish a system of simultaneous assessment and treatment of persons with co-occurring disorders involving substance abuse and mental health.

NEW SECTION. Sec. 20. Sections 1 through 10 and 17 through 19 of this act constitute a new chapter in Title 71 RCW.

NEW SECTION. Sec. 21. RCW 70.96A.040, 70.96A.043, and 70.96A.905 are each recodified as sections in the new chapter created by section 20 of this act.

Sec. 22. RCW 71.05.020 and 1998 c 297 s 3 are each amended to read as follows:

For the purposes of this chapter:

(1) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;

(2) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;

(3) ((~~"County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this chapter;~~

(4) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from a facility providing involuntary care and treatment;

~~(5) "Department" means the department of social and health services;~~

~~(6)~~)) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;

((~~(7)~~)) (4) "Developmental disability" means that condition defined in RCW 71A.10.020((~~(2)~~)) (3);

(((8) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;

(9) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

~~(10)~~)) (5) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct;

(((11) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;

~~(12)~~)) (6) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:

(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;

(b) The conditions and strategies necessary to achieve the purposes of habilitation;

(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;

(e) The staff responsible for carrying out the plan;

(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge from involuntary confinement, and a projected possible date for discharge from involuntary confinement; and

(g) The type of residence immediately anticipated for the person and possible future types of residences;

((~~(13) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;~~

~~(14) "Likelihood of serious harm" means:~~

~~(b) The individual has threatened the physical safety of another and has a history of one or more violent acts;~~

~~(15) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions;~~

(16) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(17) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;

(18) "Private agency" means any person, partnership, corporation, or association not defined as a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted for, or includes a department or ward conducted for the care and treatment of persons who are mentally ill;

~~(19)~~)) (7) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;

(((20) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;

~~(21) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;~~

(22) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;

~~(23)~~)) (8) "Resource management services" has the meaning given in chapter 71.24 RCW;

((~~(24) "Secretary" means the secretary of the department of social and health services, or his or her designee;~~

~~(25) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;~~

~~(26) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.~~))

Sec. 23. RCW 71.06.010 and 1985 c 354 s 32 are each amended to read as follows:

As used in this chapter, the following terms shall have the following meanings:

(1) "Psychopathic personality" means the existence in any person of such hereditary, congenital or acquired condition affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to render satisfactory social adjustment of such person difficult or impossible.

(2) "Sexual psychopath" means any person who is affected in a form of psychoneurosis or in a form of psychopathic personality, which form predisposes such person to the commission of sexual offenses in a degree constituting him a menace to the health or safety of others.

(3) "Sex offense" means one or more of the following: Abduction, incest, rape, assault with intent to commit rape, indecent assault, contributing to the delinquency of a minor involving sexual misconduct, sodomy, indecent exposure, indecent liberties with children, carnal knowledge of children, soliciting or enticing or otherwise communicating with a child for immoral purposes, vagrancy involving immoral or sexual misconduct, or an attempt to commit any of the said offenses.

((~~"Minor" means any person under eighteen years of age.~~

~~"Department" means department of social and health services.~~))

(4) "Court" means the superior court of the state of Washington.

(5) "Superintendent" means the superintendent of a state institution designated for the custody, care and treatment of sexual psychopaths or psychopathic delinquents.

Sec. 24. RCW 71.09.020 and 1995 c 216 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

(2) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

(3) "Likely to engage in predatory acts of sexual violence" means that the person more probably than not will engage in such acts. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

(4) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.

(5) "Recent overt act" means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.

(6) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to chapter 71.09 RCW, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

(7) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.

((~~(8) "Secretary" means the secretary of social and health services or his or her designee.~~))

Sec. 25. RCW 71.12.455 and 1977 ex.s. c 80 s 43 are each amended to read as follows:

As used in this chapter, "establishment" and "institution" mean and include every private hospital, sanitarium, home, or other place receiving or caring for any mentally ill person, ((or)) mentally incompetent person, or ((~~alcoholic~~)) chemically dependent person.

Sec. 26. RCW 71.24.025 and 1997 c 112 s 38 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) ((~~"Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:~~

~~(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;~~

~~(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or~~

~~(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.~~

~~(2)~~)) "Available resources" means those funds which shall be appropriated under this chapter by the legislature during any biennium for the purpose of providing community mental health programs under RCW 71.24.045. When regional support networks are established or after July 1, 1995, "available resources" means federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(d).

((~~(3)~~)) (2) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.

((~~(4) "Child" means a person under the age of eighteen years.~~

~~(5) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:~~

~~(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or~~

~~(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or~~

(6) "Severely emotionally disturbed child" means an infant or child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:

~~(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;~~

~~(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;~~

~~(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;~~

~~(d) Is at risk of escalating maladjustment due to:~~

~~(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;~~

~~(ii) Changes in custodial adult;~~

~~(iv) Subject to repeated physical abuse or neglect;~~

~~(v) Drug or alcohol abuse; or~~

~~(vi) Homelessness.~~

~~(7)~~)) (3) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from various public sources including: (a) Federal medicare, medicaid, or early periodic screening, diagnostic, and treatment programs; or (b) state funds from the division of mental health, division of children and family services, division of alcohol and substance abuse, or division of vocational rehabilitation of the department of social and health services.

((~~(8)~~)) (4) "Community mental health program" means all mental health services established by a county authority. After July 1, 1995, or when the regional support networks are established, "community mental health program" means all activities or programs using available resources.

((~~(9)~~)) (5) "Community support services" means services for acutely mentally ill persons, chronically mentally ill adults, and severely emotionally disturbed children and includes:

(a) Discharge planning for clients leaving state mental hospitals, other acute care inpatient facilities, inpatient psychiatric facilities for persons under twenty-one years of age, and other children's mental health residential treatment facilities;

(b) Sufficient contacts with clients, families, schools, or significant others to provide for an effective program of community maintenance; and

After July 1, 1995, ((~~or when regional support networks are established,~~)) for adults and children "community support services" means services authorized, planned, and coordinated through resource management services including, at least, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, other services determined by regional support networks, and maintenance of a patient tracking system for chronically mentally ill adults and severely emotionally disturbed children.

(((10) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.

~~(11) "Department" means the department of social and health services.~~

~~(12)~~)) (6) "Mental health services" means community services pursuant to RCW 71.24.035(5)(b) and other services provided by the state for the mentally ill. When regional support networks are established, or after July 1, 1995, "mental health services" shall include all services provided by regional support networks.

((~~(13) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (5), (6), and (17) of this section.~~

~~(14)~~)) (7) "Regional support network" means a county authority or group of county authorities recognized by the secretary that enter into joint operating agreements to contract with the secretary pursuant to this chapter.

((~~(15)~~)) (8) "Residential services" means a facility or distinct part thereof which provides food and shelter, and may include treatment services.

((~~When regional support networks are established, or~~)) After July 1, 1995, for adults and children "residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in ((~~chapter 71.05 RCW~~)) section 2 of this act, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.

((~~(16)~~)) (9) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for acutely mentally ill adults and children, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network at their sole discretion to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.

((~~(17) "Seriously disturbed person" means a person who:~~

~~(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;~~

~~(b) Has been on conditional release status at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;~~

~~(c) Has a mental disorder which causes major impairment in several areas of daily living;~~

~~(d) Exhibits suicidal preoccupation or attempts; or~~

(e) Is a child diagnosed by a mental health professional, as defined in RCW 71.05.020, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.

~~(18) "Secretary" means the secretary of social and health services.~~

~~(19)~~)) (10) "State minimum standards" means: (a) Minimum requirements for delivery of mental health services as established by departmental rules and necessary to implement this chapter, including but not limited to licensing service providers and services; (b) minimum service requirements for licensed service providers for the provision of mental health services as established by departmental rules pursuant to chapter 34.05 RCW as necessary to implement this chapter, including, but not limited to: Qualifications for staff providing services directly to mentally ill persons; the intended result of each service; and the rights and responsibilities of persons receiving mental health services pursuant to this chapter; (c) minimum requirements for residential services as established by the department in rule based on clients' functional abilities and not solely on their diagnoses, limited to health and safety, staff qualifications, and program outcomes. Minimum requirements for residential services are those developed in collaboration with consumers, families, counties, regulators, and residential providers serving the mentally ill. Minimum requirements encourage the development of broad-range residential programs, including integrated housing and cross-systems programs where appropriate, and do not unnecessarily restrict programming flexibility; and (d) minimum standards for community support services and resource management services, including at least qualifications for resource management services, client tracking systems, and the transfer of patient information between service providers.

((~~(20)~~)) (11) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.

Sec. 27. RCW 71.34.020 and 1998 c 296 s 8 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

(2) "Children's mental health specialist" means:

(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and

(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

(3) (("Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.

(4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.

~~(5) "Department" means the department of social and health services.~~

(6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.

~~(7)~~)) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.

(((8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

(9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.

(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.

(11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.

(12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to: (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

(13) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.

(14) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.

~~(15) "Minor" means any person under the age of eighteen years.~~

~~(16) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).~~

~~(17) "Parent" means:~~

~~(a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or~~

~~(b) A person or agency judicially appointed as legal guardian or custodian of the child.~~

~~(18)~~)) (4) "Professional person in charge" or "professional person" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.

(((19) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

(20) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.

~~(21) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.~~

~~(22)~~)) (5) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.

((~~(23) "Secretary" means the secretary of the department or secretary's designee.~~

~~(24)~~)) (6) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.

Sec. 28. RCW 71.36.010 and 1991 c 326 s 12 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

((~~(1) "Agency" means a state or local governmental entity or a private not-for-profit organization.~~

~~(2) "Child" means a person under eighteen years of age, except as expressly provided otherwise in federal law.~~

~~(3) "County authority" means the board of county commissioners or county executive.~~

~~(4) "Department" means the department of social and health services.~~

~~(5)~~)) "Early periodic screening, diagnosis, and treatment" means the component of the federal medicaid program established pursuant to 42 U.S.C. Sec. 1396d(r), as amended.

((~~(6) "Regional support network" means a county authority or group of county authorities that have entered into contracts with the secretary pursuant to chapter 71.24 RCW.~~

~~(7) "Secretary" means the secretary of social and health services.~~))

NEW SECTION. Sec. 29. The following acts or parts of acts are each recodified as a new chapter in Title 71 RCW:

RCW 70.96A.010, 70.96A.011, 70.96A.020 as amended by this act, 70.96A.045 as amended by this act, 70.96A.050 as amended by this act, 70.96A.070 as amended by this act, 70.96A.085, 70.96A.087, 70.96A.090 as amended by this act, 70.96A.095, 70.96A.097, 70.96A.100 as amended by this act, 70.96A.110, 70.96A.120, 70.96A.140, 70.96A.145, 70.96A.150, 70.96A.160, 70.96A.170, 70.96A.180, 70.96A.190, 70.96A.230, 70.96A.235, 70.96A.240, 70.96A.245, 70.96A.250, 70.96A.255, 70.96A.260, 70.96A.265, 70.96A.300, 70.96A.310, 70.96A.320, 70.96A.330, 70.96A.340, 70.96A.400, 70.96A.410, 70.96A.420, 70.96A.430, 70.96A.500, 70.96A.510, 70.96A.520, 70.96A.910, 70.96A.915, 70.96A.920, and 70.96A.930.

Sec. 30. RCW 70.96A.020 and 1998 c 296 s 22 are each amended to read as follows:

For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) ((~~"Alcoholic" means a person who suffers from the disease of alcoholism.~~

(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

~~(3)~~)) "Approved treatment program" means a ((~~discrete~~)) program of chemical dependency treatment provided by a treatment program certified by the department ((~~of social and health services~~)) as meeting standards adopted under this chapter.

((~~(4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.~~

(5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

~~(6) "Department" means the department of social and health services.~~

(7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

~~(8) "Director" means the person administering the chemical dependency program within the department.~~

~~(9) "Drug addict" means a person who suffers from the disease of drug addiction.~~

(10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

~~(11)~~)) (2) "Emergency service patrol" means a patrol established under RCW 70.96A.170 (as recodified by this act).

(((12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

~~(13)~~)) (3) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

((~~(14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.~~

~~(15)~~)) (4) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

((~~(16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.~~

(17) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

(18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to: (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

~~(19) "Minor" means a person less than eighteen years of age.~~

~~(20) "Parent" means the parent or parents who have the legal right to custody of the child. Parent includes custodian or guardian.~~

(21) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

~~(22) "Person" means an individual, including a minor.~~

~~(23)~~)) (5) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

((~~(24) "Secretary" means the secretary of the department of social and health services.~~

~~(25)~~)) (6) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

((~~(26)~~)) (7) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

Sec. 31. RCW 70.96A.045 and 1989 c 270 s 10 are each amended to read as follows:

All facilities, plans, or programs receiving financial assistance under RCW 70.96A.040 (as recodified by this act) must be approved by the department before any state funds may be used to provide the financial assistance. If the facilities, plans, or programs have not been approved as required or do not receive the required approval, the funds set aside for the facility, plan, or program shall be made available for allocation to facilities, plans, or programs that have received the required approval of the department. In addition, whenever there is an excess of funds set aside for a particular approved facility, plan, or program, the excess shall be made available for allocation to other approved facilities, plans, or programs.

Sec. 32. RCW 70.96A.050 and 1989 c 270 s 6 are each amended to read as follows:

The ((~~department~~)) secretary shall:

(1) Develop, encourage, and foster state-wide, regional, and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;

(2) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and drug addiction, and treatment of alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;

(3) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons who are clients of the correctional system;

(4) Cooperate with the superintendent of public instruction, state board of education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and other drug addiction, treatment of alcoholics or other drug addicts and their families, persons incapacitated by alcohol and other psychoactive chemicals, and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education;

(5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and other psychoactive chemicals and the consequences of their use;

(6) Develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics or other drug addicts, persons incapacitated by alcohol and other psychoactive chemicals, and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol and other psychoactive chemicals, the consequences of their use, the principles of recovery, and HIV and AIDS;

(7) Organize and foster training programs for persons engaged in treatment of alcoholics or other drug addicts, persons incapacitated by alcohol and other psychoactive chemicals, and intoxicated persons;

(8) Sponsor and encourage research into the causes and nature of alcoholism and other drug addiction, treatment of alcoholics and other drug addicts, persons incapacitated by alcohol and other psychoactive chemicals, and intoxicated persons, and serve as a clearing house for information relating to alcoholism or other drug addiction;

(9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;

(10) Advise the governor in the preparation of a comprehensive plan for treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons for inclusion in the state's comprehensive health plan;

(11) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to alcoholism and other drug addiction, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;

(12) Assist in the development of, and cooperate with, programs for alcohol and other psychoactive chemical education and treatment for employees of state and local governments and businesses and industries in the state;

(13) Use the support and assistance of interested persons in the community to encourage alcoholics and other drug addicts voluntarily to undergo treatment;

(14) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;

(15) Encourage general hospitals and other appropriate health facilities to admit without discrimination alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and to provide them with adequate and appropriate treatment;

(16) Encourage all health and disability insurance programs to include alcoholism and other drug addiction as a covered illness; and

(17) Organize and sponsor a state-wide program to help court personnel, including judges, better understand the disease of alcoholism and other drug addiction and the uses of chemical dependency treatment programs.

Sec. 33. RCW 70.96A.070 and 1994 c 231 s 2 are each amended to read as follows:

Pursuant to the provisions of RCW 43.20A.360, there shall be a citizens advisory council composed of not less than seven nor more than fifteen members. It is the intent of the legislature that the citizens advisory council broadly represent citizens who have been recipients of voluntary or involuntary treatment for alcoholism or other drug addiction and who have been in recovery from chemical dependency for a minimum of two years. To meet this intent, at least two-thirds of the council's members shall be former recipients of these services and not employed in an occupation relating to alcoholism or drug addiction. The remaining members shall be broadly representative of the community, shall include representation from business and industry, organized labor, the judiciary, and minority groups, chosen for their demonstrated concern with alcoholism and other drug addiction problems. Members shall be appointed by the secretary. ((In addition to advising the department in carrying out the purposes of this chapter, the council shall develop and propose to the secretary for his or her consideration the rules for the implementation of the chemical dependency program of the department.)) Rules and policies governing treatment programs shall be developed in collaboration among the council, department staff, local government, and administrators of voluntary and involuntary treatment programs. ((The secretary shall thereafter adopt such rules that, in his or her judgment properly implement the chemical dependency program of the department consistent with the welfare of those to be served, the legislative intent, and the public good.))

Sec. 34. RCW 70.96A.090 and 1995 c 312 s 46 are each amended to read as follows:

(1) The ((~~department~~)) secretary shall adopt rules establishing standards for approved treatment programs, the process for the review and inspection program applying to the department for certification as an approved treatment program, and fixing the fees to be charged by the department for the required inspections. The standards may concern the health standards to be met and standards of services and treatment to be afforded patients.

(2) The ((~~department~~)) secretary may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

(3) No treatment program may advertise or represent itself as an approved treatment program if approval has not been granted, has been denied, suspended, revoked, or canceled.

(4) Certification as an approved treatment program is effective for one calendar year from the date of issuance of the certificate. The certification shall specify the types of services provided by the approved treatment program that meet the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.

(5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which the approved treatment program has not been certified. Approved treatment programs may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.

(6) The department periodically shall inspect approved public and private treatment programs at reasonable times and in a reasonable manner.

(7) The department shall maintain and periodically publish a current list of approved treatment programs.

(8) Each approved treatment program shall file with the department on request, data, statistics, schedules, and information the department reasonably requires. An approved treatment program that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may be removed from the list of approved treatment programs, and its certification revoked or suspended.

(9) The department shall use the data provided in subsection (8) of this section to evaluate each program that admits children to inpatient treatment upon application of their parents. The evaluation shall be done at least once every twelve months. In addition, the department shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.

(10) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment program refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.

Sec. 35. RCW 70.96A.100 and 1989 c 270 s 23 are each amended to read as follows:

The secretary shall adopt and may amend and repeal rules for acceptance of persons into the approved treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and other drug addicts, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons. In establishing the rules, the secretary shall be guided by the following standards:

(1) If possible a patient shall be treated on a voluntary rather than an involuntary basis.

(2) A patient shall be initially assigned or transferred to outpatient treatment, unless he or she is found to require residential treatment.

(3) A person shall not be denied treatment solely because he or she has withdrawn from treatment against medical advice on a prior occasion or because he or she has relapsed after earlier treatment.

(4) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.

(5) Provision shall be made for a continuum of coordinated treatment services for persons identified by RCW 70.96A.040 (as recodified by this act), so that a person who leaves a facility or a form of treatment will have available and use other appropriate treatment.

Sec. 36. RCW 43.20A.060 and 1989 1st ex.s. c 9 s 213 are each amended to read as follows:

The department of social and health services shall be subdivided into divisions, including a division of vocational rehabilitation and a division of substance abuse and mental health. Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the secretary and approved by the governor. In preparing such plans, the secretary shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of the departments of public assistance, institutions, the veterans' rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education.

NEW SECTION. Sec. 37. The code reviser shall rename Title 71 RCW "Substance Abuse and Mental Health."

NEW SECTION. Sec. 38. The following acts or parts of acts are each repealed:

(1) RCW 70.96A.030 (Chemical dependency program) and 1989 c 270 s 4 & 1972 ex.s. c 122 s 3;

(2) RCW 70.96A.060 (Interdepartmental coordinating committee) and 1989 c 270 s 8, 1979 c 158 s 220, & 1972 ex.s. c 122 s 6; and

(3) RCW 70.96A.080 (Comprehensive program for treatment--Regional facilities) and 1989 c 270 s 18 & 1972 ex.s. c 122 s 8.

NEW SECTION. Sec. 39. The code reviser shall correct all cross-references to sections recodified or amended in this act and alphabetize the definitions in this act prior to codification.